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Edelstein v. Donner

District Court of Appeal of Florida, Third District
May 8, 1984
450 So. 2d 562 (Fla. Dist. Ct. App. 1984)

Opinion

Nos. 83-1504, 83-2005.

May 8, 1984.

Appeal from the Circuit Court, Dade County, Maria M. Korvick and Fredericka G. Smith, JJ.

Fowler, White, Burnett, Hurley, Banick Strickroot and Michael J. Murphy, Jose Garcia-Pedrosa, Miami, and Leon M. Firtel, Miami Beach, for appellants/appellees.

Arthur J. Morburger and Miriam Donner, in pro. per.

Before SCHWARTZ, C.J., and NESBITT and BASKIN, JJ.


We affirm the trial court's issuance of a Peremptory Writ of Mandamus insofar as it requires the production of materials claimed to be protected by a non-existent work product exemption to the Public Records Act, Chapter 119, Florida Statutes (1981). Parsons Whittemore, Inc. v. Metropolitan Dade County, 429 So.2d 343 (Fla. 3d DCA 1983); Donner v. Edelstein, 423 So.2d 367 (Fla. 3d DCA 1982); Miami Herald Publishing Co. v. City of North Miami, 420 So.2d 653 (Fla. 3d DCA 1982); Tober v. Sanchez, 417 So.2d 1053 (Fla. 3d DCA 1982), review denied, 426 So.2d 27 (Fla. 1983); Donner v. Edelstein, 415 So.2d 830 (Fla. 3d DCA 1982).

We reverse the trial court's ruling approving an attorney-client privilege as a ground for denying production under the Public Records Act. Miami Herald Publishing Co. v. City of North Miami, No 83-688, 452 So.2d 572 (Fla. 3d DCA 1983) ( City of North Miami II). As in City of North Miami II, we certify that this decision passes upon a question of great public importance:

The trial court did not have the benefit of City of North Miami II when it made its ruling.

Does the attorney-client privilege section of the Florida Evidence Code exempt from the disclosure requirements of the Public Records Act written communications between a lawyer and his public-entity client?

Orders pertaining to the grant of production affirmed; orders pertaining to the denial of production reversed; question certified.


Summaries of

Edelstein v. Donner

District Court of Appeal of Florida, Third District
May 8, 1984
450 So. 2d 562 (Fla. Dist. Ct. App. 1984)
Case details for

Edelstein v. Donner

Case Details

Full title:STEVE EDELSTEIN, CITY OF MIAMI, MICHAEL J. MURPHY AND FOWLER, WHITE…

Court:District Court of Appeal of Florida, Third District

Date published: May 8, 1984

Citations

450 So. 2d 562 (Fla. Dist. Ct. App. 1984)

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